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This month’s unanimous Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, Inc. may mean an increased likelihood for patents under litigation to be invalidated, giving accused infringers an easier standard for challenging validity than in the past.

One of the purposes of a patent is to notify the public that certain inventions have already been claimed and that their unauthorized use could result in liability for patent infringement. But how precise — or “definite” — must the language in a patent be to provide sufficient notice? This article looks at the U.S. Supreme Court’s unanimous decision adopting a new standard for patent definiteness that raises the bar for patent holders.